Careless driver caused pedestrian serious brain injury

By Eimear Dodd

 A Dublin City Council worker has been fined for careless driving after striking a pedestrian and causing a serious brain injury.

Sean Power (32) was driving a white Ford transit van when he turned right from Ballyfermot Road onto a road leading to Cherry Orchard Industrial Estate when the accident occurred.

The victim, who was in his 50s at the time, suffered a catastrophic brain bleed and a broken leg. He spent three weeks in hospital following the accident, and his rehabilitation is ongoing. The court heard he had been working for An Post but was unable to work following the accident.

Reading an impact statement on behalf of her husband, the victim’s wife told the court on Friday there is no doubt Power “did not set out to cause injury”, but a “split second judgement” had changed both of their lives.

The victim said he has struggled with his short-term memory since the accident and relies on his wife, who supports him as his carer. He said he gets frustrated, and his independence has also been affected.

The man said he has also struggled with not being able to return to work and that he is not entitled to disability support as his wife is working.

Dublin Circuit Criminal Court heard that Power was initially charged with careless driving causing serious harm, but the Director of Public Prosecutions accepted a plea of guilty to the lesser charge of careless driving on a full facts basis.

The court was told a disc containing CCTV footage of the incident was corrupted while in garda storage, and the data could not be retrieved.

The maximum penalty for careless driving is a fine of up to €5,000 and a two-year disqualification, except in exceptional circumstances.

Judge Orla Crowe said this was a “truly tragic” case which has had “very serious consequences” for the victim in the form of a catastrophic brain injury.

She said the court was satisfied that Power “did not set out to cause” this injury and noted his cooperation with Gardaí. She said he did not intend to act “without the care required of a responsible driver” on a dark night on a narrow corner.

She thanked the victim for his “gracious and detailed analysis” of the impact of the accident on him, describing it as a “vivid portrayal” of the consequences of injuries of this type. She commended the victim and his wife for their dignity.

The judge said, “Nothing this court does will undo that event or injury”, and the adversity that has been thrust on the victim as a result.

Judge Crowe imposed a € 1,000 fine to be paid within six months. She said the court was satisfied that there are sufficient reasons why a disqualification should not be imposed, including that Power works as a driver, is the sole breadwinner for his family, and has three dependent children.

The judge said the “impact is not just the accident. Accidents can have a ripple effect”.

The judge noted there was no evidence of excessive speed or any defects to the vehicle. She said she took into consideration the mitigating features and Power’s personal circumstances, including that he earns just over €500 a week.

Garda Darragh Early told Aideen Collard BL, prosecuting, that Gardaí were called to the scene of the accident on January 14, 2020, at 5.39 pm.

A nurse stopped to assist the victim, who was taken by ambulance to St James’s Hospital and then transferred to Beaumont Hospital for surgery.

Power’s van was parked in a nearby petrol station and he told Gardaí that he had been turning right towards Cherry Orchard Industrial Estate when he felt a bang. He said he didn’t know he had hit someone but saw an object on the road when he looked in the side mirror.

He said he offered first aid to the injured man and helped the nurse. Power was clear when breathalysed, and his documents were in order.

A number of maps were handed to the court. The road is narrow. It was dark at the time of the accident, and the road was poorly lit.

Another witness told Gardaí that they saw the victim on the road but initially thought it was a black bag as he was wearing dark clothing.

Power’s van and phone were seized. The van was examined and had no defects before the accident, though the driver’s side wing mirror was noted to be damaged.

The court heard that the accident occurred at a T-junction, which is known for drivers cutting corners. Dublin City Council has since designated it a no-right-turn corner.

The victim was well enough to give a statement to the Gardaí in June 2020. He said he crossed the Lidl car park after going to the supermarket while on a walk and then took a path regularly used by pedestrians.

He recalled checking if the road was clear of traffic before stepping out and crossing the continuous white line, but nothing else after this.

Power of Manor Road, Palmerstown, Dublin 20, has four previous convictions, all for minor road traffic offences.

Gda Early agreed with Keith Spencer BL, defending, that this accident occurred due to a “moment of inattention” by his client.  It was accepted that his client immediately stopped at the scene and cooperated with Gardaí.

It was further agreed that Power asked after the victim and had written a letter of apology. The garda also confirmed that Power’s brother was killed in a road traffic incident in 2020.

Civil proceedings are also underway, the court heard.

Mr Spencer said his client accepted he should have looked more into the junction but thought he had. His client is remorseful and apologetic and showed an interest in the victim’s recovery.

His client is a father of three and is the main breadwinner for his family. He works as a driver with Dublin City Council and sometimes drives a road sweeper, earning just over €500 a week. A letter from the council was also handed to the court.

He asked the court not to impose a disqualification on his client as he is the sole breadwinner and it would affect his ability to work.

Mr Spencer said his client is willing to engage in a restorative justice programme if the victim would be open to this.